1. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      2. NOTICE OF FILING
      3. BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
      4. MOTION TO DEEM FACTS ADMITTED
      5. CERTIFICATE OF SERVICE
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
by LISA MADIGAN, Attorney)
General of the State of Illinois,)
Complainant,)
vs.
)PCB
05-5 1
ENVIRONMENTAL
HEALTH & SAFETY
)(Enforcement-Air)
SERVICES, INC., an Illinois corporation,)
Respondent.)
NOTICE OF FILING
TO:
Mr. Bryan G. Selander
Schlueter Ecklund
4023 Charles Street
Rockford, IL
61108
Mr. Bradley P.
Halloran, Hearing Officer
Illinois Pollution Control Board
James R. Thompson Center
100 West Randolph, Suite 11-500
Chicago, IL 60601
PLEASE TAKE NOTICE that I have today electronically filed with the Office of
the Clerk of the Pollution Control Board a copy of the Complainant's Motion to Deem
Facts Admitted, a copy of which is attached and herewith served upon you.
By:
pa_
}
AAr-n~
Dated:)/-
2
k
Katherine M. Haur~th
1
PEOPLE OF THE STATE OF ILLINOIS
LISA MADIGAN
Attorney General of the State of Illinois
By: Assistant Attorney General Katherine M. Hausrath
Environmental Bureau
188 West Randolph,
2 0 th
Floor
Chicago, IL 60601
312-814-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
BEFORE THE ILLINOIS POLLUTION CONTROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,)
by LISA MAD IGAN, Attorney
General of the State of Illinois,)
Complainant,)
V.
)
PCB No. 05-5 1
ENVIRONMENTAL HEALTH &
)
(Enforcement
-
Air)
SAFETY, SERVICES, INC., an Illinois
)
Corporation,)
Respondent.)
MOTION TO DEEM FACTS ADMITTED
Now comes the Complainant, PEOPLE OF THE STATE OF ILLINOIS, by LISA
MADIGAN, Attorney General of the State of Illinois, and pursuant to Section 101.618 of the
Board's Procedural Rules, 35 111. Adm. Code 101.618, hereby moves for the entry of an order
deeming all facts in Complainant's Request for Admission of Facts as admitted against
Respondent, ENVIRONMENTAL HEALTH & SAFETY, SERVICES, INC.
Pursuant to
Section 101.502(a) of the Board's Procedural Rules, 35 III. Adm. Code 101.502(a), this motion is
directed to the hearing officer.
I.
Applicable Legal Standard
I.
Section 101.618(f) of the Board's Procedural Rules, 35
111.
Admn. Code 101.618(9
(emphasis added), provides as follows:
f)
Admission in the Absence of Denial.
Each of the matters of fact and the
genuineness of each document of which admission is requested is admitted unless,
within 28 days after service thereof,
the party
to whom the request is directed
serves upon the party requesting the admission either a
sworn statement
denying
specifically the matters of which admission is requested or setting forth in detail
the reasons why the party cannot truthfully admit or deny those matters, or written
objections on the ground that some or all of the requested admissions are
privileged or irrelevant or that the request is otherwise improper in whole or in
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
part.
If written objections to a part of the request are made, the remainder of the
request must be answered within the period designated in the request.
A denial
must fairly address the substance of the requested admission.
2.
Section 101.300 of the Board's Procedural Rules, 35 Ill. Adm. Code 101.300,
provides, in pertinent part, as follows:
a)
Computation of Time.
Computation of any period of time prescribed
in
the Act,
other applicable law, or these rules will begin with the first calendar day
following the day on which the act, event or development occurs and will run
until the close of business on the last day, or the next business day if the last day
is a Saturday, Sunday or national or State legal holiday.
c)
Time of Service.
..
In the case of service by U.S. Mail, service is presumed
complete four days after mailing.
The presumption can be rebutted by proper
proof
II.
Grounds for Deeming
Admitted the Facts in Complainant's Request for
Admission of
Facts
I1.
On December 6, 2004, the Complainant, PEOPLE OF THE STATE OF
ILLINOIS, by LISA MADIGAN, Attorney General of the State of Illinois, filed its First
Amended Complaint against Respondent, ENVIRONMENTAL HEALTH & SAFETY,
SERVICES, INC. ("EH&S").
Complainant alleged violations of Sections 9(a) and 9. 1(d) of the
Illinois Environmental Protection Act ("Act"), 415 LLCS
5/9(a)
and 9.1(d) (2004), Section
201.141 of the Board Air Pollution Regulations, 35 111. Adm. Code 201.141, and Sections
61.145(b)(1), (b)(3)(iv), (b)(4)(vi), (c)(3), and (c)(6)(i), and 61 .150(a)(1)
and (b)(1) of the U.S.
EPA's NESHAPs, 40 C.F.R. 61.145(b)(1), (b)(3)(iv), (b)(4)(vi), (c)(3),
and
(c)(6)(i) and
61.150(a)(1) and (b)(1).
2.
On December 19, 2005, Complainant served its First Request for Admission of
Facts on Respondent, EH&S,
via first-class mail.
2
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
3.
On January
17, 2006, EH&S served on Complainant a Response to Complainant's
Request for Admission, which was signed only by Respondent's attorney, and not by
Respondent.
A copy of EH&S' Response to Complainant's Request for Admission of Facts is
attached to this Motion as Exhibit A.
4.
Pursuant to Section 101.300 of the Board's Procedural
Rules, 35 III. Adm. Code
101.300, EH&S' Response to Complainant's First Request for Admission of Facts was due on or
before January 23, 2006.
5.
By failing to serve upon the Complainant a sworn
statement
of EH&S, the party
to whom it was directed, denying the matters of fact contained in Complainant's First Request
for Admission of Facts by January 23, 2006, as required by Section 101.618 of the Board's
Procedural Rules, 35 III. Adm. Code 101.61 8, Respondent has admitted each of the matters of
fact contained in Complainant's First Request for Admission of Facts.
WHEREFORE, Complainant, PEOPLE OF THE STATE OF ILLINOIS, respectfully
requests that the hearing officer enter an order:
A.
Finding that pursuant to Section 101.61 8 of the Board's Procedural Rules, 35 111.
Adm. Code 101.618, Respondent has admitted all facts contained in Complainant's Request for
Admission of Facts; and
B.
Ordering such other and further relief as is appropriate under the circumstances.
Respectfully submitted,
PEOPLE OF THE STATE OF ILLINOIS
by LISA MADIGAN
Attorney General of the State of Illinois
3
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
MATTHEW J. DUNN, Chief
Environmental Enforcement/Asbestos
Litigation Division
ROSEMARIE CAZEAU, Chief
Environmental Bureau
Assistant Attorney General
BY:
4~~~
Assistant Attorney General
Environmental Bureau North
188 West Randolph St.,
2 0th
Floor
Chicago, Illinois 60601
312-814-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
EXHIBIT A
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
BEFORE THE ILLINOIS POLLUTION CONTRO
BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General of
the State of Illinois,
Complainant,
Vs
)
POB No. 05-51
(Enforcement-Air)
ENVIRONMENTAL
HEALTH AND SAFETY
SERVICES,
INC., an Illinois corporation
Respondent.
RESPONSE
TO
REQUEST FOR AOMII~S~flN OF FACTS
NOW
COMES
the
Respondent,
ENVIRONMENTI~AL
HEALTH
AND
SAFETY
SERVICES, INC., an Illinois corporation, by its attorneys, SOHILUETER ECKLUND and for
its response to Complainant's Request for Admission of Facts states as follows:
1
.
Respondent admits Fact No. 1.
2.
Respondent admits Fact No. 2.
3.
Respondent admits Fact No. 3.
4.
Respondent denies Fact No. 4.
5.
Respondent denies
Fact
No. 5.
6.
Respondent denies Fact No. 6.
7.
Respondent denies Fact No.
7.
8.
Respondent admits Fact No. 8.
9.
Respondent admits a notification wvas sent
but
currently is unsure of the date
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
and therefore denies the remaining facts statedi.
10,
Respondent states that the notification. speaka-- foi- itself.
l11.
Respondent states that the notification speak*s for itself.
1
2.
Respondent states that the notification speakes for itself.
1
3.
Respondent states that the notif
ic0ation speaks for itself.
1
4.
Respondent states that the notification Spe-aks for itself.
1
5.
Respondent denies Fact No. 15.
1
6.
Respondent denies Fact No. 16.
1
7.
Respondent admits Fact No. 17.
1
8.
Respondent states that the notification speaks for itself.
1
9.
Respondent states that the notificakion spe-aks for itself.
20.
Respondent states that the notification speaks for itself.
21.
Respondent states
'that
the notification sosaks for itself.
22.
Respondent has insufficient knowledgeto
4'o'rm
an opinion, therefore denies
the same.
23.
Respondent denies Fact No. 23.
24.
Respondent denies Fact No. 24.
25.
Respondent denies Fact No. 25.
26.
Respondent denies Fact No. 26.
27.
Respondent denies Fact No. 27.
28.
Respondent denies Fact No. 28.
29.
Respondent denies Fact No. 29.
30.
Respondent denies Fact Nc. 30.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
31.
Respondent deni-es Fact No. 31.
32.
Respondent denies Fact No. 32.
33.
Respondent denies as the temperaturei. wsre3 below freezing.
34.
Respondent has insufficient information tco form a belief as to the statement
made in Fact No. 34 and therefore denies the same.
35.
Respondent has insufficient information toa form,- a belief as to the statement
made in Fact No. 35 and therefore denies the same.
36.
Respondent denies Fact No. 306.
37.
Respondent denies
-Fact
No. 37.
38.
Respondent has insufficient information therefore denies the same.
39.
Respondent denies Fact No. 39,
40.
Respondent has insufficient information to
form
a belief as to the statement
made in Fact No. 40 and therefore
-denies
the
same.
41.
Respondent has insufficient information to form a belief as to the statement
made in Fact No. 41 and therefo0re denies the same.
42.
Respondent denies Fact No. 42.
43.
Respondent denies Fact No. 43.
44.
Respondent denies Fact No. 44.
45.
Respondent denies Fact No. 45.
46,
Respondent denies Fact No, 46.
47.
Respondent denies Fact No. 47.
48.
Respondent denies Fact No. 48.
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
Respectfully stA~mitte-'i,
ENVIRONMENTAL
HEAL-TH AND SAFETY
SERViCES.
INC.,
arn
i1;iois corporation, Respondent
BY:
SCHLUJETER
1I-CKLUND
BRYN'2.SF:L
NDEF1,Oneof
its attorneys
DATE: January 17, 2006
Bryan G. Selander #316
SCHLUETER ECKLUND
4023 Charles Street
Rockford, IL 61108
(815) 229-5333
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
CERTIFICATE
OF
SERV~CE
I. BRYAN
G.
SELANDER~. Attorn-ey for
(Jrodet
o certify that I caused to be
mailed this 17
P day of January, 2006, the foregoing RES)PONSES TO ADMISSION OF
FACTS to the persons listed or, the said NOTICE by first-class mail in a postage
prepaid envelope and depositing same with
'the
United
S~tates Postal Service located at
5225 Harrison Avenue, Rockford, IL 61125.
It is hereby certified that a true copy of the foreqcing Notice was electronically
filed with the following on January 17, 2006:
Dorothy M. Gunn
Illinois Pollution Control Board
James
R.
Thompson Center
1
00 West Randolph, Suite
I11-500
Chicago, IL 60601
9
7
7
f
Attorneyi for Respondent
Schlueta=r Ecklund
40123
Charles
Street
Rocktord,:
IL-61108
(815) 2291-5333
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
BEFORE THE ILLINOIS POLLUTION CO:\-TROL BOARD
PEOPLE OF THE STATE OF ILLINOIS,
LISA MADIGAN, Attorney General
cf
the State of Illinois,
Complainant,
Vs
)
POB No. 05-51
(Enforcement-Air)
ENVIRONMENTAL HEALTH AND SAFETY
SERVICES,
INC., an Illinois corporation,
Respondent.
NOTICE OF
FlUNG
TO:
Katherine M. Hausrath
Bradley P. Hafloran
Assistant Attorney General
Hearing Officer
Environmental Bureau
Illinois Pollution C;ontrol Board
188 W. Randolph St.,
2 0th
Fir.
James
R.
Thomrpson Center, Suite 11-500
Chicago, IL 60601
1
O0W, Randolph Street
Chicago.
1. 60501
PLEASE TAKE NOTICE that I have today e-lectron'tcally filed with the Office of the
Clerk of the Illinois Pollution Control Board a copy
-)f Respondent's
Response to Admission
of Facts, a copy of which is attached and herewith seved(- upon you.
Dated: January 17, 2006.
Respecttully su bmitted,
RANDY-' OWlLE'43E-RGER
dlb/a
ENVIR-r
F:DME!,17rAL
HEALTH and SAFETY
BY:
-SOHLJF
E_ CKLUND
ERr'ANI
k~'
7E4.A-DER,
one of
its attorneys
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006
CERTIFICATE OF SERVICE
I,
KATHERINE M. HAUSRATH, an Assistant Attorney General, do certify that I
caused td be mailed this3L
day of January, 2006, the foregoing MOTION TO DEEM
FACTS ADMITTED to the persons listed on the said NOTICE by first-class mail in a
postage prepaid envelope and depositing same with the United States Postal Service
located at 188 West Randolph Street, Chicago, Illinois, 60601.
It is hereby certified that a true copy of the foregoing Notice was electronically
filed with the following on January
j
3
,2006:
Dorothy M. Gunin
Illinois Pollution Control Board
James R. Thompson Center
1
00
West Randolph, Suite
11I-500
Chicago,IL 60601-
'KTERINE
M. HAUSI~T
Assistant Attorney General
Environmental Bureau
188 West Randolph,
2 0th
Floor
Chicago, IL 60601
312-814-0660
ELECTRONIC FILING, RECEIVED, CLERK'S OFFICE, JANUARY 31, 2006

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